Savita vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Smt. Savita seeking anticipatory bail in Case Crime No.386 of 2024, registered at Police Station Piran Kaliyar, District Haridwar.

As per the First Information Report dated 02.09.2024, the applicant had married her daughter Pooja (deceased) to the co-accused Nitin on 08.02.2013. The applicant is the mother of the co-accused Nitin. Smt. Pooja and Nitin have three children. Applicant and her family members started demanding Rs.2.00 lakh (Two lakh) and jewelry. They used to torture her. While making the said demand, the applicant and other co-accused Nitin (husband), Pal Singh alias Palla (father-in-law), Kamini (sister-in-law-Nanad) and Smt. Lakshmi (wife of the co-accused Rahul, the brother of the Nitin) beat her on 14.08.2024. They impugned her character. She died on 14.08.2024.

The First Information Report was registered under Section 85 and Section 103 of the Bharatiya Nyaya Sanhita, 2023.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Pradeep Lohani, Brief Holder, submitted on instructions that the investigation is pending for the offence under Section 85 and Section 108 of the Bharatiya Nyaya Sanhita, 2023.

Mr. Gaurav Singh, Advocate submitted that the applicant had no concern with the matrimonial life of the deceased and her husband. She (applicant) was living separately with her husband. As per the post-mortem report, the cause of the death has been found uncertain. The husband of the deceased has already been granted regular bail by the Ist Additional Sessions Judge, Roorkee, Haridwar. Applicant is a permanent resident of District Haridwar, therefore, there is no likelihood of her absconding. She was granted interim bail on 30.07.2025, and, the conditions of the interim bail have not been violated by her.

Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application orally.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 30.07.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Savita, she shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.